Summary
concluding that claimant did not submit competent, substantial evidence to support jury's award in fraud claim
Summary of this case from Castillo v. E.I. Du Pont de Nemours & Co.Opinion
No. 2D99-1347.
Opinion filed January 19, 2000.
Appeal from the Circuit Court for Lee County, R. Wallace Pack, Judge.
Kenneth A. Jones and Michael W. Bond of Roetzel Andress, Fort Myers, for Appellant.
Robert B. Burandt of Roosa, Sutton Burandt Adamski, L.L.P., Cape Coral, for Appellees.
Stephen and Barbara Conti appeal the trial court's final judgment of liability in favor of Florida Real Estate Executives, Inc., on a fraud counterclaim. The Contis also contest the amount of damages the trial court awarded. We affirm the trial court's judgment of liability without discussion. However, we find that Florida Real Estate Executives, Inc., did not submit substantial, competent evidence to support the jury's verdict of $133,000 for damages. See Antonelli v. Neumann, 537 So.2d 1027, 1028 (Fla. 3d DCA 1988). We remand for a new trial on damages on the fraud counterclaim.
Affirmed in part, reversed in part, remanded for a new trial on damages.
PARKER, A.C.J., and CASANUEVA, J., Concur.